United Farm Workers of America v. Dutra Farms

83 Cal. App. 4th 1198
CourtCalifornia Court of Appeal
DecidedSeptember 27, 2000
DocketNo. H019659
StatusPublished

This text of 83 Cal. App. 4th 1198 (United Farm Workers of America v. Dutra Farms) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Farm Workers of America v. Dutra Farms, 83 Cal. App. 4th 1198 (Cal. Ct. App. 2000).

Opinion

Opinion

ELIA, J.

The United Farmworkers of America, AFL-CIO, and associated individuals (UFW) sued appellants Dutra Farms and Clint Miller Farms, Inc., for unfair business practices and for violating Labor Code section 1155.4, subdivision (c) (hereafter section 1155.4(c)).1 The UFW moved for summary judgment. The trial court granted the motion, entered judgment for the UFW, and declared that appellants violated section 1155.4(c). The court also enjoined appellant Clint Miller Farms from violating the statute in the future.

On appeal, the main issue is the applicability of section 1155.4(c). In essence, section 1155.4(c) prohibits agricultural employers from giving anything of value to employee groups for the purpose of causing such employee groups to influence other employees regarding their collective bargaining rights. Like the trial court, we conclude that section 1155.4 applies to these circumstances. We will therefore affirm.

Facts and Procedural Background

The undisputed facts are as follows.

In 1996, the UFW announced an ongoing campaign to organize strawberry pickers into a union. Subsequently, the “Pro Workers Committee” (PWC) was formed to oppose the UFW. Several Miller employees and several Dutra [1150]*1150employees participated in the initial PWC meetings. In January 1997, PWC changed its name to Ag Workers of America (AWA). AWA incorporated as a nonprofit corporation. Its president, vice-president, secretary and treasurer were all either Clint Miller or Dutra employees. In June of 1997, AWA was, in essence, replaced by the Agricultural Workers Committee (the AWC), a nonprofit corporation with the same officers, address, telephone numbers, and logo as the AWA.

Hereafter, we refer to PWC, the AWC, and AWA as “the Committee.”2

The Committee “held weekly evening meetings during the growing season in a rented hall in Watsonville, held smaller board meetings, and organized public activities such as marches and demonstrations.” One such march, held in August 1996, included thousands of farm workers from at least 14 employers other than Clint Miller or Dutra. Employees of “dozens” of different agricultural employers “belonged to” the Committee “and/or” actively participated in its activities.

Dutra paid $1,163 for rental of portable toilets used in the August 1996 march. On two occasions in early 1997, Clint Miller donated $250 to the Committee, for a total contribution of $500.

The UFW then sued Dutra, Clint Miller, and others for violating section 1155.4(c). The UFW also alleged that appellants’ violation of section 1155.4 constituted an unfair business practice. (Bus. & Prof. Code, § 17200.) The UFW moved for summary judgment.3 The trial court granted the motion.

In its summary judgment order, the trial court stated: “[T]he Court finds that there is no triable issue of material fact as to whether defendants Clint Miller Farms and Dutra Farms violated California Labor Code § 1155.4, in that the evidence is uncontroverted that Clint Miller Farms and Dutra Farms are agricultural employers; that Clint Miller Farms paid or delivered money or other things of value by delivering two checks to the Ag Workers of America; that Dutra Farms paid or delivered money or other things of value by paying the bill for rental of latrines for the August 10, 1996 Pro Workers Committee march; and that such payments or deliveries of money or other things of value were to committees of employees of defendant agricultural [1151]*1151employers for the purposes of influencing employees in the exercise of their rights to organize and bargain collectively through representatives.”4

The trial court then entered a separate final judgment against appellants. (Code Civ. Proc., § 579.) In the judgment, the trial court declared that appellants had violated section 1155.4(c) and also enjoined appellant Clint Miller Farms, Inc., from violating the statute in the future. The trial court declined to enter an injunction against Dutra Farms. Because Dutra had committed only one undisputed violation, the trial court decided that the declaratory judgment would be sufficient to prevent future violations of the law.

This appeal ensued.

Standard of Review

Summary judgment is granted when there are no triable issues as to any material facts and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) When reviewing a trial court’s decision to grant summary judgment, we must identify the issues framed by the pleadings, and determine whether the moving party has established facts which negate the opposing party’s facts and justify a judgment in the moving party’s favor. When the moving party’s facts prima facie justify a judgment, we determine whether the opposing party has demonstrated the existence of a triable issue of material fact. (Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1252-1253 [32 Cal.Rptr.2d 223, 876 P.2d 1022].)

Discussion

I. Section 1155.4(c)

The UFW argues that section 1155.4 applies to these circumstances. Appellants disagree.5 As we will explain, we conclude that the statute applies and that the trial court properly entered summary judgment for the UFW.

A. Language of Section 1155.4(c)

We begin with the statutory language. Section 1155.4 provides, in relevant part, “It shall be unlawful for any agricultural employer or association of [1152]*1152agricultural employers, or any person who acts as a labor relations expert, adviser, or consultant to an agricultural employer, or who acts in the interest of an agricultural employer, to pay, lend, or deliver, any money or other thing of value to any of the following: [¶] . . . [¶] (c) Any employee or group or committee of employees of such employer in excess of their normal compensation for the purpose of causing such employee or group or committee directly or indirectly to influence any other employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing.”

B. Contentions of Parties

According to appellants, section 1155.4(c) does not apply when one or more employers, who do not constitute an association of employers, give things of value to employee committees that consist of employees of more than one employer. Appellants emphasize that section 1155.4 refers to “any agricultural employer or association of agricultural employers or any person who acts as a labor relations expert . . .” while subdivision (c) refers to employees “of such employer . . . .” (Italics added.) Relying upon the words “of such employer,” appellants believe that subdivision (c) does not apply because the Committee consisted of employees from several different employers, rather than consisting primarily of appellants’ employees.

Disagreeing, the UFW states that appellants’ construction of section 1155.4(c) is plainly inconsistent with the statute’s purpose and would permit employers to easily evade the statutory prohibition by, for example, simply including one nonemployee member on a committee.

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Bluebook (online)
83 Cal. App. 4th 1198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-farm-workers-of-america-v-dutra-farms-calctapp-2000.